Human Rights Commissioner congrats NSW lesbian changes

Human Rights Commissioner congrats NSW lesbian changes

I had previously posted about how NSW was to change its laws to remove discrimination against lesbian parents.

The Human Rights Commissioner, Greme Innes, has backed the changes:

Human Rights Commissioner, Graeme Innes, congratulated the New South Wales Government on the announcement that NSW law will recognise female same-sex parents who conceive a child through artificial fertilisation.

This reform was recommended in the Human Rights and Equal Opportunity Commission’s (HREOC) Same-Sex: Same Entitlements report, released in June 2007.

The announcement means that female same-sex parents, who conceive a child through artificial fertilisation, will be treated in the same way as opposite-sex parents.

These female same-sex parents will now both be named on a child’s birth certificate which means that children in these families will now have two legally recognised parents.

“This will have an enormous impact on the day to day life of these families,” said Commissioner Innes. “These same-sex parents and their children will now be more readily recognised by school and health authorities as able to make decisions about their children.

“Children will also have equal rights to inheritance of the assets or workers compensation payments of both their parents if one or both parents are killed and injured.”

Currently when a woman conceives a child through artificial fertilisation, the male partner is presumed to be the legal father, to the exclusion of the donor. Under these reforms, this presumption will be extended to cover the female de facto partner of a birth mother.

Commissioner Innes said that the reforms were an important step towards equality for same-sex parents in NSW.

Mr Innes also congratulated the NSW Government on changing the prohibition against discrimination on the basis of ‘marital status’ to ‘domestic status’ to include same sex relationships in NSW anti-discrimination legislation.

“If a person is discriminated against because they are living in a same-sex relationship, they will now have the same rights as a person discriminated against because of their marital status,” said Mr Innes.

Commissioner Innes emphasised that same-sex couples should be entitled to the same protections against discrimination as all other people living in NSW.

Stephen Page, Harrington Family Lawyers, Brisbane spage@harringtonfamilylawyers.com 61(7) 3221 9544

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

Can I Move Away With My Child? Relocation Law in Australia

Relocation cases sit among the most difficult parenting disputes in Australian family law. They usually arise when one parent wants to move with a child, or has already moved, in a way that reduces the other parent’s time or involvement. That move might be to another suburb, another regional town, another state, or overseas. These… Read More »Can I Move Away With My Child? Relocation Law in Australia

Who is a Parent By Stephen Page

The question sounds simple. Who is a parent? In law, it is anything but simple. Biology matters. Birth matters. Intention matters. Paperwork matters. State law matters. Federal law matters. Sometimes they line up neatly. Sometimes they collide in ways that leave families, lawyers and government departments wrestling with very uncomfortable uncertainty. That is especially true… Read More »Who is a Parent By Stephen Page

Posthumous Conception in Victoria: Retrieval, Consent, and the Law

Posthumous conception cases in Victoria sit at the intersection of grief, medicine, and strict statutory rules. They are deeply personal matters, but they are also highly technical. Timing matters. Consent matters. Process matters. And one of the hardest truths for families is that retrieving eggs, sperm, or embryos is often easier than being legally allowed… Read More »Posthumous Conception in Victoria: Retrieval, Consent, and the Law

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board